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What is a FISA wiretap?
The Foreign Intel Surveillance Act, or FISA, signed into law in 1978, requires the gov, when eavesdropping on comm on domestic soil for national security purposes, to obtain permission from a judge on the Foreign Intelligence Surveillance Court.
What is a FISA wiretap?
The Foreign Intel Surveillance Act, or FISA, signed into law in 1978, requires the gov, when eavesdropping on comm on domestic soil for national security purposes, to obtain permission from a judge on the Foreign Intelligence Surveillance Court.
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The judge must agree that the target is probably an agent of a foreign power and will probably use the specific email accounts or phone numbers that the Justice Department wants to wiretap.
The judge must agree that the target is probably an agent of a foreign power and will probably use the specific email accounts or phone numbers that the Justice Department wants to wiretap.
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What standard must be met to get a FISA wiretap?
To issue a FISA order authorizing investigators to eavesdrop on an American, a judge must agree that there is reason to believe the target was "knowingly engaging in clandestine intel activities for a foreign power...
What standard must be met to get a FISA wiretap?
To issue a FISA order authorizing investigators to eavesdrop on an American, a judge must agree that there is reason to believe the target was "knowingly engaging in clandestine intel activities for a foreign power...
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.. that violate American criminal laws"
— or is
"knowingly aiding or conspiring" with someone else who is doing that."
.. that violate American criminal laws"
— or is
"knowingly aiding or conspiring" with someone else who is doing that."
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“It’s a common-sense test,” said Matthew G. Olsen, who presented FISA applications to the court as the top Justice Department intel official during the GW Bush administration.
“It requires a reasonable basis that's reached on "facts" that can be articulated.
“It’s a common-sense test,” said Matthew G. Olsen, who presented FISA applications to the court as the top Justice Department intel official during the GW Bush administration.
“It requires a reasonable basis that's reached on "facts" that can be articulated.
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Judges only rarely deny applications for either FISA or ordinary criminal investigation wiretaps, government statistics show. Critics of the process call the FISA Court a rubber stamp, while defenders point to the layers of high-level review in the Justice Dept ...
Judges only rarely deny applications for either FISA or ordinary criminal investigation wiretaps, government statistics show. Critics of the process call the FISA Court a rubber stamp, while defenders point to the layers of high-level review in the Justice Dept ...
7 of 11 ...and the practice of having preliminary discussions with the court and its staff, sometimes resulting in modifications. They say those steps ensure that the government rarely submits an application that "falls short."
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What is in a FISA application?
A typical application ranges from 30-100 pages ¢ers on a "factual affidavit" by a senior FBI. agent, working on the investigation at headquarters, which in turn compiles info submitted by other agents in the field. ...
What is in a FISA application?
A typical application ranges from 30-100 pages ¢ers on a "factual affidavit" by a senior FBI. agent, working on the investigation at headquarters, which in turn compiles info submitted by other agents in the field. ...
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A typical application would also include a legal memorandum by a career Justice Dept intelligence lawyer. a certification explaining the purpose & necessity of the requested surveillance signed by the FBI.director;
A typical application would also include a legal memorandum by a career Justice Dept intelligence lawyer. a certification explaining the purpose & necessity of the requested surveillance signed by the FBI.director;
10 of 11 ...and approval for the broader package signed by a senior, Senate-confirmed Justice Department official — the attorney general, the deputy attorney general or the head of the National Security Division.
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Occasionally the package may be supplemented with other materials. For example, it may include a news article to show that an investigation has become public knowledge, which could make it more likely that a target is taking steps to conceal his activities.
Occasionally the package may be supplemented with other materials. For example, it may include a news article to show that an investigation has become public knowledge, which could make it more likely that a target is taking steps to conceal his activities.
